| Case ID |
f9a73610-004d-4701-9b4d-2912f8720fd9 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petitions No. 350-P to 356-P, 364-P, 377-P t |
| Decision Date |
Oct 26, 2005 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the petitioners, who were terminated from service due to alleged political influence and irregularities in their appointments, could not be dismissed on those grounds if they were otherwise qualified for their positions. The court emphasized that the government cannot benefit from its own illegalities when terminating qualified civil servants. The petitioners were ultimately dismissed as they lacked the necessary qualifications for their roles as teachers. Their claims of reinstatement were rejected, and the decision of the NWFP Service Tribunal was upheld. |
| Summary |
In the case of multiple civil petitions involving the termination of teachers from the NWFP education department, the Supreme Court of Pakistan addressed significant issues related to the legality of appointments and terminations influenced by political pressure. The court held that qualified individuals cannot be dismissed based on the department's own irregularities. This landmark ruling reinforces the principle that governmental lapses should not adversely affect the rights of qualified civil servants. The case highlights the importance of maintaining integrity in public service appointments and ensuring that qualified individuals are protected against arbitrary dismissals. The court's decision rests on established legal precedents that disallow the reversal of appointments based on departmental failures, thereby upholding justice for civil servants. The implications of this ruling are far-reaching, emphasizing the need for transparency and accountability in public sector employment. Keywords: NWFP Service Tribunal, illegal appointments, political influence, civil servants, Supreme Court of Pakistan, reinstatement, government irregularities, public service integrity. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Raza Khan,
Nasir-ul-Mulk
|
| Lawyers |
Dr. Hussain Khan,
Mr. Fateh Muhammad Khan,
Mr. Khushdil Khan Mohmand,
Mr. Mir Adam Khan,
Mr. Muhammad Younas Tanoli,
Mr. Imtiaz Ali,
Hafiz Aman
|
| Petitioners |
Others,
Muhammad Zahid Iqbal
|
| Respondents |
Others,
D.E.O. Mardan
|
| Citations |
2006 SLD 3111,
2006 PLJ 81
|
| Other Citations |
1996 SCMR 1185,
1996 SCMR 413,
2002 SCMR 1124,
PLD 2003 SC 724,
2004 SCMR 630,
2004 SCMR 303,
2005 SCMR 85
|
| Laws Involved |
NWFP Service Tribunal Act, 1974,
Constitution of Pakistan, 1973
|
| Sections |
4,
212
|